I have resigned from my company in Nov'14 and now my company is not paying my Incentive from 2008 till Nov'14 saying that as per the policy the employee has to be in the company while payment of the incentive so the employee either on notice period or resigned will not get the incentive.
Didn't get the incentive of last 6 years. Pls suggest what to do.
Regards
Srikant Prasad
From India, Ranchi
Didn't get the incentive of last 6 years. Pls suggest what to do.
Regards
Srikant Prasad
From India, Ranchi
Incentive is an additional income/monetary compensation payable to an employee based on his extra work over and above the normal work as per the Incentive Scheme in vogue. Therefore, it is an additional remuneration under the terms of employment as classified in clause (c) of Sec.2(vi) of the Payment of Wages Act,1936 defining the term "wages". As such equity and logic demand its disbursement by the employer to the employee as soon as it becomes payable. Likely termination of the contract of employment at the instance of the employee serving the notice period sequel to his proposed resignation or actual termination of the employment on resignation are irrelevant reasons or extraneous considerations for its denial. If it is the policy of the Orgaization, it would not stand the test of Law. Therefore, if you are a "workman" as per Sec.2(s) of the Industrial Disputes Act,1947, you can file a claim u/s 33C(2) of the Act before the Labour Court having jurisdiction.
However, your statement that you did not get it continuously for six years seems to be unusual and unexplained.
From India, Salem
6018However, your statement that you did not get it continuously for six years seems to be unusual and unexplained.
From India, Salem
Dear Mr Srikant, in your Appointment whether it is mentioned that you will be paid incentive? you have accepted that you were in Employment from 2008 to November 2014.During your Employment, you were not paid incentive.You did not make any claim during your Employment.Even after leaving also, you have not made claim.Making claim for the period 2008 to 2014 in 2017 without any valid reason for belated claim does not hold good in the eyes of Law.Please do not waste your time in such matters.
From India, New Delhi
From India, New Delhi
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